Evaluation Report Appeals

In this era of military downsizing, an adverse evaluation for an officer or senior enlisted service member can be a career killer. For officers, a reprimand in any branch can lead to promotion problems and grade review boards at retirement. For an enlisted member, an adverse evaluation can create promotion and retention issues.

Evaluation Report Appeal Regulations

Each of the branches has very different evaluation report appeals procedures. Those are discussed in more detail below. It’s important to work with an attorney with knowledge of the process. The statute of limitations, however, for appeals is three years. That three year requirement is found in 10 U.S.C. § 1552. The statute of limitations to sue in federal court can be different. You will want to consult with a lawyer to determine whether there are statute of limitations.

UNDERSTANDING THE POTENTIAL AUDIENCES FOR AN EVALUATION REPORT APPEAL

Often the audience for an evaluation report appeal can be broad. Your intended audience could conceivably include:

The Commander
The Board for Correction of Military Records
Human Resources, Personnel Command, Performance Evaluation Review Board, Air Force Evaluation Reports Appeal Board, etc.
A potential Board of Inquiry or Administrative Separation Board
Federal courts

Sometimes, the appeal itself can be a valuable way to communicate information to a potential Board of Inquiry or separation board. If you know that a separation action is likely to occur, the evaluation report appeal is important.

I Wanted To Thank You For Your Help With Our Case. We Were Surprised At The Many Roadblocks We Met With This Command, And Are So Grateful Your Firm Was There To Assist Us.